TERMS OF SERVICE
LAST UPDATED: January 31, 2024
1. Introduction
These terms of service, as amended from time to time, including any and all policies and additional terms linked to or referencing these terms of service (collectively, the “Agreement” or “Terms of Service”) are a legal agreement between Buy Blvd Inc., its affiliates and any of its or their respective successors or assigns (collectively, “Buy Blvd,” “our,” “we” or “us”) and you regarding your use of Buy Blvd’s website(s), web application(s), mobile application(s), and successors thereof, as applicable, and any and all other support, data analytics, product(s), web properties, functionalities and services created or controlled by Buy Blvd (collectively, the “Services”). The Services are offered to you by Buy Blvd and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, integration, hosting, operation, distribution, marketing, publication or exploitation of the Services.
Your access to and use of the Services constitutes your acceptance, without modification, of this Agreement and also our Privacy Policy found here (https://legal.buyblvd.com/privacy.html), which provides information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services. In addition, we require your express acceptance to this Agreement and the Privacy Policy, the terms of which are incorporated herein by reference, when you register to access and use the Services. If you do not agree to be bound by this Agreement or the Privacy Policy, then you are not permitted to register for access or use of the Services and are not to use or access the Services.
These Terms of Service apply whether you are a User that registers an account with the Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement between you and Buy Blvd regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services.
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE SERVICES, OR COMPLETING ANY REGISTRATION, YOU REPRESENT THAT YOU ARE AT LEAST THE LEGALLY REQUIRED AGE IN THE JURISDICTION IN WHICH YOU RESIDE (18 YEARS OF AGE OR OLDER FOR UNITED STATES BASED USERS) AND ARE OTHERWISE CAPABLE OF ENTERING INTO BINDING CONTRACTS, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES FOR ANY REASON (WHETHER BY LAW, UNDER CONTRACT, IN EQUITY, OR OTHERWISE). IF YOU ARE UNDER 18 AND AT LEAST 13 YEARS OF AGE, YOU ARE ONLY PERMITTED TO ACCESS OR USE THE SERVICES THROUGH A CUSTOMER ACCOUNT OWNED BY A PARENT OR LEGAL GUARDIAN UNDER THEIR SUPERVISION AND WITH THEIR APPROPRIATE PERMISSION TO BE BOUND BY THIS AGREEMENT. IF YOU ARE UNDER 13 YOU ARE NOT PERMITTED TO USE THE SERVICES.
THESE TERMS OF SERVICE REQUIRE THE USE OF FINAL AND BINDING ARBITRATION (SEE SECTION 16 BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS AND YOU ACCEPT ALL OF ITS TERMS.
We may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised. You agree that the form and nature of the Services may change without prior notice to you and that future versions of the Services may be incompatible with content and media created on previous versions of the Services. You further agree that Buy Blvd may stop (permanently or temporarily) providing all or any portion of the Services (or any features thereof) to you or to users generally at Buy Blvd’s sole discretion, without prior notice to you.
When opening an User Account (defined below) with us on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
You agree that Buy Blvd is not obligated to provide any maintenance, technical or other support for the Services. However, if you have any questions, please contact us at support@buyblvd.com. Additionally, if you become aware of any unauthorized use of the Services or violations of these Terms of Service, please contact us at violations@buyblvd.com.
2. Services Overview; Your Responsibilities
Buy Blvd’s Services provide users with a singular platform to view, observe, organize, consolidate, track and manage different retailer inventories. The Services enables discovery and connection between shoppers (“Shoppers”) looking for certain products and retailers (“Retailers”) who can provide certain products in their public-facing store (“Storefront”) so that Shoppers may locate and visit Retailers. No transactions between Shoppers and Retailers take place on the Services. You hereby understand, acknowledge, and agree that any sale or purchase must be completed separately and independent from the Services.
BY CONNECTING SHOPPERS WITH RETAILERS, BUY BLVD OPERATES AS AN ONLINE HUB THAT CONNECTS SHOPPERS WHO WISH TO DISCOVER CERTAIN PRODUCTS WITH RETAILERS WHO MAY OFFER SUCH PRODUCTS. RETAILERS ARE INDIVIDUALS AND/OR INDEPENDENT BUSINESS OWNERS AND ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF BUY BLVD IN ANY CAPACITY. BUY BLVD DOES NOT OPERATE ANY STOREFRONTS AND DOES NOT EMPLOY INDIVIDUALS TO OPERATE ANY STOREFRONTS. BUY BLVD IS NOT A SELLER OR MERCHANT AND HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY STOREFRONTS OR ITEMS OR PRODUCTS SOLD BY RETAILERS. YOU HEREBY ACKNOWLEDGE THAT BUY BLVD DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR STOREFRONTS OR ITEMS OR PRODUCTS SOLD BY RETAILERS AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE STOREFRONTS AND ITEMS AND PRODUCTS PROVIDED THEREIN IN ANY MANNER, INCLUDING BUT NOT LIMITED TO WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE. Any reference on the Services to a “tag” or “category” designation, indicates only that a user has completed a relevant account registration process, taken certain action, provided certain information or met certain criteria within the Services in order to display such description and/or information and does not represent anything else. Any such
“tag” or “category” designation and/or information is not an endorsement, certification or guarantee by Buy Blvd. Instead, any such description and/or information provided within the Services is intended to be useful details for users to discover and evaluate when they make their own decisions about the identity and suitability of other users with whom they select and interact with via the Services.
Buy Blvd is not responsible for the performance or communications of users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Storefronts and products, and users, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any users, or of any ratings or reviews provided by users with respect to each other. Buy Blvd makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Storefronts and/or products requested or provided by, or the communications of or between, users identified through the Services, whether in public or private, via on- or off-line interactions, or otherwise howsoever. While Retailers may, in Buy Blvd’s sole discretion, be subject to a review process before they can register for and during their use of the Services, which may include but is not limited to identity verification, Buy Blvd cannot confirm that any user is who they claim to be, and Buy Blvd cannot and does not assume any responsibility for the accuracy or reliability of any information of users. Nothing herein shall be an obligation on Buy Blvd in connection with any review process.
3. Inventory Platforms and Third Party Providers
In connection with your use of the Services and as part of the functionality of the Services as applicable, you may be able to link and connect the Services to certain third-party platforms or services, including, without limitation websites, tools, applications, dashboards and portals for retail inventory management and/or aggregating and organizing items, products, goods, and services for sale (each, a “Inventory Platform” and collectively “Inventory Platforms”).
You understand and agree that Buy Blvd has no control over the provision of the Inventory Platforms or provision of access to the Inventory Platforms. Buy Blvd does not in any way guarantee the Inventory Platforms or any information contained thereon. You understand and agree that you may be able to use the Services in conjunction with the Inventory Platforms, and that Buy Blvd disclaims any and all liability whatsoever for any actions or inactions on the part of the Inventory Platforms resulting in any inability to use the Services to access accounts, obtain data, download transactions and/or inventories, or otherwise use or access the Inventory Platforms.
You acknowledge and agree when you access data and information through the Services, Inventory Platform account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information (collectively, “Platform Access Information”), and the actual data in your user account(s) with such Inventory Platforms, including without limitation inventory data and all the details, descriptions, information, other data, or materials in connection therewith (collectively, "Platform Data"), may be collected and stored in the Services. You expressly authorize Buy Blvd and our Third Party Providers, in conjunction with the operation and hosting of the Services, to use the Platform Access Information to (i) collect, store display and utilize the Platform Data in furtherance of the Services, (ii) reformat and manipulate the Platform Data, (iii) access the Inventory Platforms, (iv) update and maintain Platform Access Information, and (v) take such other actions as are reasonably necessary to perform the actions described in (i) through (iv) above. In accessing and using the Services you represent that you are the legal owner of the Platform Access Information and the related Inventory Platform account and that you have the authority to appoint, and do expressly appoint, Buy Blvd or our Third Party Providers as your agent with limited power of attorney to access and retrieve Platform Data on your behalf. You agree that we and our Third Party Providers are not responsible for the accuracy and completeness of the Platform Access Information or the Platform Data. Any transactions or informational activities performed on any of the Inventory Platforms are not made through the Services and Buy Blvd assumes no responsibility for such transactions or activities. You acknowledge that you are solely responsible for any charges associated with all Inventory Platforms.
You further acknowledge and agree that (x) some Inventory Platforms may not allow the Services to access such services, (y) Inventory Platforms may make changes, with or without notice to Buy Blvd, that may prevent or delay aggregation of the Platform Data, and (z) the Services may "refresh" the Platform Data by collecting the Platform Data at set times, so your most recent Platform Data may not be reflected in any account balances or other account information presented to you in the Services. In the event that you see a discrepancy in the Platform Data, and in any case before making any transactions or decisions based on such account information presented in the Services, you agree to check the last refresh date for the account and confirm with that applicable Platform Data presented by the Services is correct or otherwise confirm with the Inventory Platform that the Platform Data are up to date and accurate.
Other than Inventory Platforms, The Services may also allow you to access, interact with or use certain Third Party Providers, third-party social media platforms, products, services, content, websites or applications that are integrated with, available, or link from the Services (the “Reference Sites”).
You are responsible for deciding if you want to access or use the Inventory Platforms or Reference Sites and Buy Blvd does not control or endorse any such Inventory Platforms or Reference Sites or the information, materials, products, or services contained on or accessible through the Inventory Platforms or Reference Sites, and makes no representations or warranties of any kind regarding the Inventory Platforms or Reference Sites, even when used in conjunction with the Services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, are solely between you and such third party. Access and use of Inventory Platforms and Reference Sites, including the information, materials, products, and services on or available through Inventory Platforms or Reference Sites is solely at your own risk and you should make any investigation you feel necessary in connection therewith. Your use of Inventory Platforms or Reference Sites may cause personally identifying information to be publicly disclosed and/or associated with you, even if Buy Blvd has not provided such information. You must read all log-in boxes and other pop-up boxes closely for notices about disclosing your account information with, through or by any other means identified on a Inventory Platform or Reference Site. In using any Inventory Platforms or Reference Sites, you must agree to comply with and be bound by the Terms of Service, Privacy Policy, or other terms and conditions of the Third Party Providers. You agree to indemnify Buy Blvd for any losses, costs, expenses or damages incurred by Buy Blvd due to your use of any third-party products or services, including any violation of a third party’s Terms of Service or other agreement relating to such products or services. THE INFORMATION, CONTENT, AND PRODUCTS (INCLUDING GOODS AND SERVICES) AVAILABLE THROUGH ANY INVENTORY PLATFORMS OR REFERENCE SITES ARE OFFERED BY INDEPENDENT ENTITIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH BUY BLVD. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BUY BLVD IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR USE OF ANY INVENTORY PLATFORMS OR REFERENCE SITES OR YOUR USE OR PURCHASE OF THIRD-PARTY PRODUCTS. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY PROVIDER AND BUY BLVD IS NOT IN ANY WAY RESPONSIBLE FOR YOUR USE. BUY BLVD WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY THIRD-PARTY.
4. Account Registration
Certain content and Services that we may offer or that you may wish to access may require that you first register with us and create an account (“User Account”). All Retailers must register with us to create a User Account. To establish a User Account, you may be required to provide Buy Blvd with certain personal information, including without limitation, your first and last name, gender, e-mail address, mailing address, date of birth and phone number, as well as payment processing account information. If you are a Retailer, you may also be required to provide Platform Access Information and information about your retail store, including without limitation Platform Data, the name, description, category, industry, size, establishment date, website, e-mail, phone number, social media accounts, and/or descriptive tags. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Buy Blvd reserves all right to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username, profile picture, logo, and/or banner, if any. Your User Account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in Buy Blvd’s sole discretion. If you wish to cancel your User Account, you may do so by selecting the cancel option under your account settings within the website or web application or by contacting us directly via the website or at support@buyblvd.com. You are solely responsible for backing up and/or migrating any data prior to cancellation. If you cancel your User Account, you will not be able to access or reactivate the User Account.
You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Services, you agree to notify us immediately at violations@buyblvd.com.
Unless expressly permitted in writing by Buy Blvd, you may not sell, rent, lease, share, distribute or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account, allowing a third party to use your account and the Services, and making your account available to third parties on a software-as-a-service, hosted services, time-sharing, service bureau or similar basis. Buy Blvd reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BUY BLVD.
In addition to the representations and warranties otherwise included herein, users of the Services represent and warrant that:
If you are a Shopper, you further represent and warrant that:
If you are a Retailer, you further represent and warrant that:
5. Services Plans; Payment
You acknowledge that you may have access to the Services free of charge under the “free tier” but that to view certain portions of our Services and to gain access to certain aspects and features of the Services, you must purchase one of our Services plans (each a “Plan”), as updated from time to time in Buy Blvd’s sole discretion. Our Plans, including pricing and billing terms, are outlined here [https://buyblvd.com/pricing] and contain various subscription paid tiers with certain features. You shall be subject to all usage restrictions, limitations, and other terms and conditions as may be applicable for any Plan, which Buy Blvd may amend, change, or update at any time without prior notice by posting and/or publishing such amendment, change, or update. Your continued use of the Services after the effective date of the revised Plans constitutes your acceptance of the terms, as revised. Plan payments do not include any applicable sales taxes that may be due in connection with the Services; provided, however we may collect applicable sales taxes in addition to the payments required under Plan if such Services are subject to any sales tax. Buy Blvd reserves the right to terminate or suspend access to the Services or any related license, subscription, product, or service if you fail to pay any amounts when due. You hereby acknowledge, understand, and agree that Plan(s) are not returnable or refundable. We reserve the right to issue refunds at our sole discretion. If we issue a refund we are under no obligation to issue the same or similar refund in the future.
You may terminate your Plan at any time. You can terminate your Plan by going into the Settings tab on your User Account, clicking the “Cancel Subscription” button and filling out the termination survey. We will then reach out and cancel your chosen subscription level and/or terminate your User Account. Your User Account will still maintain Plan access until your Plan’s billing cycle has completed. Once completed, your User Account will be downgraded. As mentioned herein, all Plan fees are nonrefundable. It is your responsibility to ensure that any and all User Content is removed from your User Account prior to any such termination.
We may employ the use of Third Party Providers for the purpose of facilitating payment and the completion of Plan purchases. By submitting your payment information, you understand that we may share that information with these Third Party Providers subject to our Privacy Policy.
If you enroll in any free trial or other promotion that provides access to any paid Services, those Services must be used within the specified time of the trial. You must stop using any paid Services before the end of the trial period in order to avoid being charged for those Services in accordance with our standard fees associated with that Plan.
You understand that the content we provide on the Services are subject to change at any time, and that content may be added or removed at Buy Blvd’s sole discretion.
6. Services License
Unless otherwise expressly stated in writing by Buy Blvd, by agreeing to these Terms of Service you are granted a limited, worldwide, non-assignable, non-exclusive, and non-sublicensable license (i.e., a personal and limited right) to access and use the Services solely for your personal use or internal business use. Buy Blvd reserves all rights not expressly granted in these Terms of Service and you may not use the Services or any portion thereof for any purpose not expressly permitted by the Agreement. You may NOT make any commercial use of any Buy Blvd Materials, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber, or otherwise exploit same, in whole or in part, without the express written consent of Buy Blvd.
7. Ownership; Services Usage
The Services are owned and operated by Buy Blvd. Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content, set out in this Section 7), including, without limitation, Buy Blvd’s trademarks and logos, the visual interfaces, layout, instructions, “look and feel” of the Services, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, audio, artwork, other files, all copyrightable material, any other materials related to the Services, the selection and arrangement thereof, and all improvements, modifications, or enhancements thereon (collectively, the “Buy Blvd Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Buy Blvd Materials are the property of Buy Blvd or its subsidiaries or affiliated companies and/or third-party licensors and all legal right, title and interest in and to the Buy Blvd Materials and the Services, including any and all Intellectual Property Rights thereto, are vested in Buy Blvd. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
The Services may allow you to publicly or privately upload, post, create, post, display, share, access, use, transmit, perform, or store Platform Access Information, Platform Data, logos, banners, pictures, files, attachments, links, video, artwork, photography, audio-visual assets, sounds, messages, text, images, or other data or materials, including without limitation in connection with or as a part of the Storefront, products, reviews, comments, “likes,” “follows,” events, announcements, shopping lists, profiles, preferences, and biographies (collectively, “User Content”). You may also access, receive, or otherwise be exposed to the User Content of other users as a result of the Services.
You hereby grant (and you represent and warrant that you have the right to grant) to Buy Blvd, to the furthest extent and for the maximum duration permitted by applicable law, an unrestricted, perpetual, irrevocable, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to (a) access, use, copy, reproduce, communicate to the public, make available, transmit, re-transmit, distribute through any means (including but not limited to electronic, analog, digital and physical), modify, adapt, encode, prepare, manipulate, publish, translate, create derivative works from, transmit, perform, publicly perform, broadcast, re-broadcast, format, display, store, archive, host, index and otherwise exploit the User Content, in whole or in part, and all data and other information derived therefrom in any form, format, media, or media channels now known or later developed or discovered for any purpose throughout the world (including promoting and redistributing part or all of the Services and derivative works thereof); and (b) use the trademarks, service marks, logos, name, identity, image, likeness, and voice (or other biographical information), in whole or in part, that you submit in connection with such User Content for any purpose throughout the world. Should such User Content contain the trademarks, service marks, logos, name, identity, image, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Buy Blvd and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. When you transmit User Content to the Services, you expressly authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Services. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit. You agree that Buy Blvd has no obligation to monitor or enforce your intellectual property rights to your User Content, but that Buy Blvd has the right to protect and enforce its and its licensees' rights to your User Content.
To the extent permitted by applicable law, Buy Blvd takes no responsibility and assumes no liability whatsoever for any User Content or for any loss or damage resulting therefrom. Your use of the Services are at your own risk. In addition, these Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Buy Blvd is not liable for any statements or representations included in User Content, nor is Buy Blvd liable for any mistakes, fraud, misrepresentation, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Buy Blvd does not endorse any User Content, opinions, recommendations, or advice expressed therein, and Buy Blvd expressly disclaims any and all liability in connection with any User Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any User Content submitted, uploaded, posted or stored on the Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law.
You are solely responsible, at your sole cost and expense, for creating backup copies of and replacing any User Content you post and/or store on the Services.
WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER RELATED INFORMATION FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce this Agreement; (c) to protect Buy Blvd’ legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
You are solely responsible for your User Content and the consequences of sending, sharing, posting or publishing it. By using the Services, you represent and warrant that: (a) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not: (I) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (II) be deceptive, fraudulent, discriminatory, obscene, pornographic, violent, unlawful or otherwise objectionable or in violation of applicable law, (III) threaten, extort, defame, slander, or libel any other person, (IV) contain content that is sexually explicit (e.g., nudity), harmful to minors, constitutes violations of child pornography or child sexual exploitation laws, denigrates any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise, encourages or otherwise depicts glamorized drug use, promotes physical harm of any kind against any individual or group or characterizes violence as acceptable, glamorous, or desirable, (V) promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses, or (VI) solicit passwords or personal identifying information for commercial or unlawful purposes from other users, contain unsolicited advertising or promotions, requests for donations, or spam or engage in any commercial activities whatsoever and/or sales without Buy Blvd’s express prior written consent; (c) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code and you have taken all reasonable security measures in accordance with industry standards in connection with your User Content; and (d) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or confidential information of any third parties. Buy Blvd reserves all rights and remedies against any users who breach these representations and warranties.
To the furthest extent permitted by applicable law, you hereby agree that Buy Blvd shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Buy Blvd for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY BUY BLVD HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services.
8. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Services.
You agree that you will comply with these Terms of Service and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, deceptive, discriminatory, unlawful, fraudulent, infringing, defamatory, obscene, violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, extorting, inflammatory, or otherwise objectionable;
ii. misrepresent yourself, impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission; forge another person’s digital signature; misrepresent or falsify the source, identity, or content of information transmitted via the Services; steal passwords or credit card information; or perform any other similar fraudulent activity;
iii. send junk mail or spam to users of the Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
iv. harvest or collect email addresses or other contact information of other users from the Services;
v. defame, libel, harass, abuse, extort, threaten, or defraud users of the Services, or collect or attempt to collect, personal information about users or third parties without their consent;
vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or User Content, or (d) the copyright or other proprietary rights notices on the Services or User Content;
vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, trade secrets, or applications of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage the Services (or any part thereof), any user’s computer or access point, the operation of the Services (or any part thereof) or any user’s enjoyment of them, by any means, including without limitation uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or harmful files;
x. relay email from a third-party’s mail servers without the permission of that third-party;
xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Buy Blvd, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Buy Blvd, including but not limited to the Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
xiii. interfere with or disrupt the Services (or any part thereof) or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services (or any part thereof) in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
xiv. use or attempt to use another user’s User Account without authorization from that user;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
xvi. use the Services (or any part thereof) for any unauthorized, illegal or malicious purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
xvii. use the Services (or any part thereof) to develop any technology or product that is competitive with Buy Blvd and its products, including the Services, or otherwise commercially exploit the Services or any part thereof; and
xviii. assist any third-party with any of the foregoing.
9. Digital Millennium Copyright Act
We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
i. provide your physical or electronic signature;
ii. identify the copyrighted work that you believe is being infringed;
iii. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
iv. provide us a way to contact you, such as your address, phone number or email address;
v. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
vi. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
Buy Blvd Inc.
Attn: DMCA Agent
1424 N Crescent Heights Blvd
Unit 20
North Hollywood, CA 90046
Email: legal@buyblvd.com
10. Trademarks
The Buy Blvd Marks, including without limitation, any logo or slogan used by Buy Blvd, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Buy Blvd may not be used in whole or in part in connection with any product or service that is not Buy Blvd’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Buy Blvd, without our prior written permission. Further, you agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
11. Idea Submission; Feedback
If you send us creative suggestions, ideas, notes, drawings, concepts, feedback, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Buy Blvd in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Buy Blvd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, modify, adapt, publish, translate, distribute, create derivative works based on and otherwise exploit such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Buy Blvd chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Buy Blvd relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
12. Termination
To the fullest extent permitted by applicable law, Buy Blvd reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to upload or access User Content) and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (i) your use of the Services violates these Terms of Service or applicable law; (ii) you fraudulently use or misuse the Services; or (iii) we are unable to continue providing the Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of Buy Blvd in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Buy Blvd, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, any User Content you post, store, or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Buy Blvd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Buy Blvd, and you agree to cooperate with Buy Blvd’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND ON BEHALF OF THE INDEMNIFIED PARTIES: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN, INCLUDING THE BUY BLVD MATERIALS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY BUY BLVD; (B) THE INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, BUY BLVD MATERIALS, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) BUY BLVD DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SERVICES, INCLUDING THE BUY BLVD MATERIALS, ARE ACCURATE, TIMELY, UNINTERRUPTED, SECURE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) BUY BLVD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) BUY BLVD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUY BLVD OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE INDEMNIFIED PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT (INCLUDING ALL STOREFRONTS AND PLATFORM DATA) MADE OR DISPLAYED ON THE SERVICES BY THIRD-PARTIES (INCLUDING ANY USER OF THE SERVICES) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SERVICES. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SERVICES.
15. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL BUY BLVD OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY USER CONTENT, INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BUY BLVD, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT OR THE MATERIALS THEREIN (INCLUDING ANY BUY BLVD MATERIALS OR USER CONTENT), INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BUY BLVD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME; (II) IN NO EVENT SHALL BUY BLVD OR THE INDEMNIFIED PARTIES BE LIABLE OR RESPONSIBLE FOR DAMAGES, COSTS, AND EXPENSES OF ANY KIND IN CONNECTION WITH USER CONTENT OR WITH ANY EVENTS BEYOND THEIR REASONABLE CONTROL; AND (III) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUY BLVD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, BUY BLVD SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT BUY BLVD HAS OFFERED THE SERVICES, CONTENT, MATERIALS, BUY BLVD MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BUY BLVD, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BUY BLVD. BUY BLVD WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16. Applicable Law; Dispute Resolution
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BUY BLVD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BUY BLVD.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or the Privacy Policy (“Dispute”), you and Buy Blvd agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California USA, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Buy Blvd may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Buy Blvd or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, Buy Blvd would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that Buy Blvd shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Buy Blvd’s products or services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or Buy Blvd’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND BUY BLVD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Buy Blvd agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
YOU AND BUY BLVD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Miscellaneous
i. Waiver
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
ii. Severability
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
iii. Notice
In accordance with provisions in this Agreement requiring Buy Blvd to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Buy Blvd can be done so by means of email to: support@buyblvd.com or by first class mail, postage prepaid, or overnight courier to:
Buy Blvd Inc.
Attn: Customer Notice Processing
1424 N Crescent Heights Blvd
Unit 20
North Hollywood, CA 90046
v. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Buy Blvd without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
vi. Survival
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7 and 10-17.
vii. Entire Agreement
The Terms of Service is the entire agreement between you and Buy Blvd relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Buy Blvd as set forth herein.